Case Doc 169 Filed 02/14/18 Page 1 of 8. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division. Chapter 11 Debtor.

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1 Case Doc 169 Filed 02/14/18 Page 1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Case No Chapter 11 Debtor. 1 DEBTOR S MOTION FOR AN ORDER EXTENDING THE DEADLINE TO OBJECT TO CLAIMS FOR VOTING PURPOSES The Condominium Association of the Lynnhill Condominium (the Debtor ), as debtor and debtor-in-possession and pursuant to section 105(a) of the U.S. Bankruptcy Code 2 and Rule 9006(b) of the Federal Rules of Bankruptcy Procedures (the Bankruptcy Rules ), respectfully requests a short extension of the deadline to object to proofs of claim for voting purposes, specifically with respect to those claims filed on February 16, 2018, by two (2) business days from the time such claim is entered on the claims register by the Clerk s Office. In support of this Motion, the Debtor states as follows: 3 Background 1. The Debtor is an unincorporated condominium association owning and controlling certain real estate, amenities and improvements (including residential units) located at 3103 and 3107 Good Hope Avenue, Temple Hills, Maryland (the Property ). 2. On January 10, 2018, the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. 1 The Debtor s federal identification number is U.S.C (2012) (the Bankruptcy Code ). 3 Pursuant to Local Rule , in lieu of submitting a memorandum in support of this Motion, the Debtor will rely solely on the grounds and authorities set forth in this Motion.

2 Case Doc 169 Filed 02/14/18 Page 2 of 8 3. On January 18, 2018, the Court entered an order setting February 16, 2018 at 5:00 p.m. as the deadline for filing proofs of claim [Doc. 71] (the Bar Date ). 4. On January 18, 2018, the Court entered the Order (I) Conditionally Approving the Disclosure Statement, (II) Establishing Procedures for Solicitation and Tabulation of Votes on the Plan and (III) Scheduling a Combined Hearing on Approval of the Disclosure Statement and Confirmation of the Plan [Doc. 72] (the Solicitation Procedures Order ). Among other things, the Solicitation Procedures Order approved the certain tabulation procedures. 5. The tabulation procedures set February 16, 2018 at 5:00 p.m. as the deadline to object to proofs of claim for voting purposes (the Voting Objection Deadline ). [Doc. 26, Ex. C]. If a proof of claim is objected to by the Debtor prior to the Voting Objection Deadline, then the claim is deemed temporarily allowed in the amount of one dollar ($1.00) for voting purposes. Claims that are not objected to prior to the Voting Objection Deadline are deemed temporarily allowed in the amount set forth on the proof of claim; and the Debtor or other parties in interest continue to retain all rights to object to any such temporarily-allowed claims in the fullness of time. To be clear, the Voting Objection Deadline is for the limited purpose of calculating votes to accept or reject the chapter 11 plan and is not applicable or relevant to objections to the allowance of any claim. Relief Requested 6. The Debtor seeks entry of an order extending the Voting Objection Deadline, for any claim filed on February 16, 2018, by two (2) business days from the time such claim is entered on the claims register by the Clerk s Office. 4 4 For example, if a claim is filed with the Clerk s Office at 4:50 p.m. on February 16, 2018, but does not appear on the claims register until 9:00 a.m. on February 20, 2018 (taking into account the weekend and President s Day), the Debtor would have until February 22, 2018 at 9:00 a.m. to object for voting purposes, etc. 2

3 Case Doc 169 Filed 02/14/18 Page 3 of 8 Basis for Relief Requested 7. Given that both the Bar Date and the Voting Objection Deadline are currently set for February 16, 2018 at 5:00 p.m., the Debtor would not have sufficient time to object to any claims filed immediately before the 5:00 p.m. deadline or filed in person at the Clerk s Office and that do not appear on the claims register on PACER until the next business day. Any such claims would be allowed in the amount set forth on the claim, regardless of validity. The requested extension will give the Debtor additional time to examine claims filed on the Bar Date and prepare an objection, if necessary. The Debtor submits that an extension will ensure that the voting process reflects the most accurate claims information available. 8. Moreover, no party will be harmed by an extension of the Voting Objection Deadline. Instead, the extension will prevent any manipulation of the applicable deadlines and the voting process by allowing the Debtor to determine for voting purposes whether claims filed on February 16, 2018 reflect the liabilities in this chapter 11 case. Conclusion WHEREFORE, the Debtor respectfully requests that the Court (i) grant the Motion, (ii) enter an order, substantially in the form attached hereto as Exhibit A, extending the Voting Objection Deadline, (iii) grant such other and further relief as the Court deems just and proper. Dated: February 14, 2018 Respectfully submitted, Pillsbury Winthrop Shaw Pittman LLP /s/ Patrick J. Potter Patrick J. Potter (Bar No ) 1200 Seventeenth Street, NW Washington, DC Tel (202) Fax (202) patrick.potter@pillsburylaw.com Dania Slim (Bar No ) 324 Royal Palm Way, Suite 220 3

4 Case Doc 169 Filed 02/14/18 Page 4 of 8 Palm Beach, FL Tel (202) Fax (202) dania.slim@pillsburylaw.com Jason S. Sharp (admitted pro hac vice) 2 Houston Center 909 Fannin, Suite 2000 Houston, TX Tel (713) Fax (713) jason.sharp@pillsburylaw.com Proposed Counsel for the Debtor 4

5 Case Doc 169 Filed 02/14/18 Page 5 of 8 Exhibit A

6 Case Doc 169 Filed 02/14/18 Page 6 of 8 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1 Case No Chapter 11 ORDER APPROVING DEBTOR S MOTION FOR AN ORDER EXTENDING THE DEADLINE TO OBJECT TO CLAIMS FOR VOTING PURPOSES Upon the Debtor s motion for entry of an order extending the deadline to object to proofs of claim for voting purposes (the Motion ); the Court finding that (a) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. 157 and 1334; (b) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); (c) adequate notice of the Motion and the hearing thereon was given under the circumstances and that no other or further notice is necessary; and (d) the legal and factual bases set forth in the Motion and on the record establish just cause for the relief granted herein, and it appearing that the relief requested is in the best interest of the Debtor s 1 The Debtor s federal identification number is

7 Case Doc 169 Filed 02/14/18 Page 7 of 8 estate, creditors and other parties-in-interest; and after due deliberation, and good and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. The Voting Objection Deadline 2 is extended by two (2) business with respect to claims filed on February 16, 2018, from the time such claims are entered on the claims register by the Clerk s Office. 3. The Debtor is authorized and empowered to take such actions as may be necessary and appropriate to implement the terms of this Order. 4. This Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation of this Order. cc: Patrick J. Potter Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC Dania Slim Pillsbury Winthrop Shaw Pittman LLP 324 Royal Palm Way, Suite 220 Palm Beach, FL Jason Sharp Pillsbury Winthrop Shaw Pittman LLP 2 Houston Center 909 Fannin, Suite 2000 Houston, TX Capitalized terms used but not defined in this Order have the meaning given such terms in the Motion. 6

8 Case Doc 169 Filed 02/14/18 Page 8 of 8 William C. Johnson, Jr L Street NW, Suite 750 Washington, DC Michael J. Lichtenstein Shulman Rogers Park Potomac Avenue Potomac, MD Jeanne M. Crouse Office of the United States Trustee 6305 Ivy Lane, Suite 600 Greenbelt, MD All Parties Requesting Notice End of Order